RAMESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE, appellants have challenged by filing this Appeal the legality of the judgment and order dated 5/10/2005 passed in S. T No. 143/2003 by learned Sessions Judge, Jhabua whereby convicted the appellants U/ ss. 147,302,302/149 and 343 of the IPC and sentenced each appellant to undergo one year R. I, R. I for fife with fine of Rs. 2000/- in two counts and one year R. I in respective counts. In default of payment of fine each appellant was further directed to undergo RI of six months in two counts. However, the substantive jail sentences have been directed to run concurrently.

(2.) LACONICALLY the prosecution case as unfurled before the trial Court is that deceased Smt. Belabai fell in love with her brother-in-law deceased Tansingh because of which she eloped with Tansingh after leaving her husband and children to Bhopal and from Bhopal to Bharuch (Gujarat) and working as labourer. Prior to the date of incident they stayed at the. house of Thavari, sister of Tansingh in village Khal Khandvi and at the house of Savita (PW. 6), sister of deceased Belabai in village Chainpura. On receiving information about presence of Tansingh and belabai in village Chainpura, appellant Ralu, brother of Tansingh, Chimanlal, ramesh and other 2-3 persons brought Belabai and Tansingh forcibly to village lohariya and confined them in the hut of Metabai (PW. 2 ). On 30/9/2002 in the morning at 3-4 a. m, Belabai and Tansingh ran away but they were caught by the appellants and brought back to the hut. Appellants sprinkled kerosene oil on their person and set them on fire. Metabai (PW. 2) tried to extinguish fire and sustained burn injury. Tansingh and Belabai were taken to Kalyanapura police station in a tractor by accused persons. Belabai lodged the report (Ex. P. lo) recorded by Sub inspector Shri Munish Rajoria (PW. ll ). Both injured were sent immediately to primary Health Centre, Kalyanpura where Dr. Ashwin Bhagwat (PW. 12) recorded their dying declaration (Ex. P. 23 of Belabai and Ex. P. 24 of Tansingh) and also issued medico legal certificate (for short MLC) of Tansingh and Belabai vide ex. P. 13-A and P. 14-A, respectively. Thereafter he referred them for further treatment to District Hospital, Jhabua. On the same day in District Hospital, jhabua Executive Magistrate N. K. Barole (PW. 9) recorded their dying declaration vide Ex. P. 6 (Tansingh) and P. 7 (Belabai ). During the course of investigation, statements of Tansingh and Belabai were also recorded by Sub Inspector Munish rajoria (PW. ll) vide Ex. P. 11 of Tansingh and Ex. P. 12 of Belabai. On 4/10/ 2002 Tansingh had died, information whereof was sent to police station, Jhabua and Jhabua police prepared his inquest report. Postmortem on the body of Tansingh was performed by Dr. O. P. Agrawal (PW. 13 ). The postmortem report is Ex. P. 25. Belabai died on 22/12/2002 in her house situated in village Khal Khandvi. After receiving information, police prepared inquest report and sent her dead body for postmortem examination which was conducted by Dr. Smt. K. B. Chaturvedi (PW. 10) and issued postmortem report (Ex. P. 9 ). Spot map (Ex. P. 15 and P. 34)were prepared by Investigating Officer. He also effected seizure of burnt clothes,. earth mixed with kerosene and controlled earth, kerosene cane from the spot and sent the same to FSL and its report is Ex. P. 38. On due investigation, charge sheet was filed by the police against six accused persons.

(3.) APPELLANTS abjured the guilt and pleaded their false implication. They did not examine any witness in defence whereas prosecution has examined as many as 18 witnesses and adduced 38 documents to prove its case. The learned trial court, finding the appellants guilty, while acquitting co-accused Kalsingh, convicted the appellants as indicated herein above.